As an employer, it’s essential to understand both your rights and the rights of your employees. There are several common mistakes that employers make regarding employee working hours and compensation; many of these mistakes seem minor, but even small issues can develop into legal concerns that will cost you time and money. Understanding these mistakes and how to rectify them is the best way to protect yourself and your business. Common labor law errors that employers often make include erroneously recording or misusing overtime hours and compensation rates, misunderstanding business expense reimbursement, and failing to stay updated on current changes in employment laws. Other common mistakes include allowing employees to work while off the clock and preventing employees from taking uninterrupted breaks. If you have questions or concerns about the employment laws and mandates that apply to your business, your employer lawyer serving San Jose can provide you with up-to-date employment law advice, as well as help you assess and correct your business practices.
Numerous laws and regulations exist to protect employees from termination due to discrimination. While these laws maintain that employers may not fire workers based on characteristics such as age, sex, race, or religion, most private employment regulations provide no such protection for workers’ political views in most states. Fortunately, the state of California has enacted additional legislation banning employers from firing employees based on their political views or activities. If you believe you have suffered or are facing unlawful termination in San Jose, CA, based on your political views, it’s vital to seek the assistance of an employment lawyer to help you handle this situation.
Your Employee Rights
California is one of only four states that currently maintains legislation to protect employees from termination based on their political stance. The state’s laws cover both “on-duty” and “off-duty” activities, meaning you are protected from unlawful termination regardless of whether you choose to voice your political views while at the workplace and on the clock, or in your spare time after work or on the weekends. However, it’s important to note that these laws only maintain that it is unlawful to terminate private employees based on their political views and actions so long as they do not interfere with the functioning of the business. There are also restrictions regarding work uniforms, which typically prohibit the display of political buttons or stickers while subject to an employee dress code.
Your Legal Options
If you have been terminated or are being threatened with termination that you believe is based on your political views or past actions, it’s essential to seek professional employment law advice. Additionally, if you believe your employer is trying to influence your political activities or affiliations, you may also have legal grounds for action. Because California’s labor code differs from labor codes in most states, and because state laws do have certain caveats and limitations, working with an employee rights lawyer is the best way to ensure your case is handled correctly.
When a legal dispute arises, there are several avenues that the disagreeing parties can pursue to reach a solution without seeking formal litigation. Two of the most common options for dispute resolution outside the courtroom include mediation and arbitration services in San Jose, CA . Understanding the differences between these two methods can help you determine which type of resolution option is best for your case.
Legal mediation is a popular and successful alternative to litigation. Additionally, mediation is sometimes mandated by the state before an issue can be taken to court. Mediation is an informal process that is similar to negotiation. During mediation, a legal mediator will meet with the parties involved in the situation to facilitate discussion. This mediator does not judge or take sides, but simply aims to keep the discussion focused and moving toward a conclusion. While mediation services are completely confidential, any solutions reached via mediation are not legally binding. If both parties wish to stand by the decisions reached in mediation, further legal documentation is needed. In cases where mediation is unsuccessful, the next step in the legal process is typically a trial or court hearing.
Arbitration is a different legal solution that can still provide dispute resolution outside a courtroom. Unlike mediation, arbitration is a formal and legally-binding process that does not require additional steps to hold both parties accountable to solutions agreed upon during arbitration meetings. If you seek arbitration services, one or more legal arbitrators will essentially take on the role of a judge. In cases where multiple arbitrators are chosen, these arbitrators will vote to reach a final decision. During arbitration, both parties must submit evidence supporting their side of the case, which the arbitrators will use when determining the best solution. Because decisions made in arbitration are legally binding, arbitration takes the place of the trial process or is sought in cases where one or both parties cannot reasonably discuss and reach a conclusion through legal mediation.
Sexual harassment in the workplace refers to any type of unwelcome sexual advances, requests for sexual favors, remarks of a sexual nature, or differing workplace treatment based on an individual’s sex. Individuals who have suffered sexual harassment or unlawful termination in San Jose, CA, based on their response to such harassment should seek the assistance of a labor attorney for employment law advice on the best path to legal reparations.
Recently, former Fox News host Gretchen Carlson filed a lawsuit against her former employer, the long-time chairman and CEO of Fox News, Roger Ailes. Carlson’s lawsuit states that her complaints of sexual advancements and rejection of requests for sexual favors in the workplace led to a hostile work environment and her eventual unlawful termination from the network. You can find out more about this high-profile case in this short video.